header-logo header-logo

14 July 2017 / Jonathan Herring
Issue: 7754 / Categories: Features , Family
printer mail-detail

Abuse upon abuse?

nlj_7754_herring

Allowing alleged abusers to cross examine their victims is a stain on the reputation of the family justice system. Jonathan Herring puts the case for reform

  • Mr Justice Hayden expresses strong judicial disapproval that the law permits an alleged abuser to cross examine his victim in family cases.
  • In fact finding hearings judge must rely on proven facts rather than suspicions.

Imagine suffering years of abuse. You finally escape and become involved in a dispute with your abuser over the children. You are not provided legal representation and must represent yourself. Even worse, you must face cross examination at the hands of the very person who has sought to control you for the past years. It sounds like something more from a feminist dystopia but occurs in the English Family Courts today.

The facts of Re A

Re A (A Minor (Fact Finding: Unrepresented Party) [2017] EWHC 1195 (fam), [2017] All ER (D) 49 (Jun) concerned a couple married in Pakistan. The mother arrived in the UK with their child (A) in 2014,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll